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Dáil Éireann debate -
Wednesday, 17 Nov 1993

Vol. 435 No. 10

Adjournment Debate. - Accommodation for Disturbed Children.

I wish to highlight for the Minister's urgent attention the situation which arose yesterday when a District Court judge once again severely criticised the Government for failing to provide adequate accommodation for seriously disturbed children. Ireland has ratified the UN Convention on the Rights of the Child and we will be reporting to the UN monitoring committee in September next year. Will the details of this case form part of our report? How can we hold our heads high if we allow situations like this to continue?

Our children are our future and we must invest in them. It is outrageous in this day and age that this child's ticket to care is to be labelled "criminal". The development of services for children has received much attention recently here because of the Kilkenny case. However, clearly that was not the end of the story. This is another example of the breakdown in our services for children. This case illustrates very clearly that there is urgent need for good planning and coordination between the different agencies and Departments involved in the provision of services for children. It has been said that the mark of a civilised society is how we approach our children, more particularly our disturbed, needy, vulnerable children. Is it not outrageous that a nine year old boy had to be classified as being criminal in order to secure facilities to help him? If we cannot provide suitable therapeutic care and facilities for a nine year old boy how can we cope with the demands of many young troubled people as they grow into adolescents? How can we provide suitable services for older age groups if we cannot provide for the smaller number of nine year olds who will need these services? This situation illustrates the need to update our 1908 legislation in relation to juvenile justice. Is the Department of Justice prioritising this issue?

The professionals working in this field say there is a constant problem with a small number of very difficult, out of control and disturbed children. If we do not provide adequate care and facilities, some of those children are likely to face the risk of homelessness, prostitution and other forms of abuse and exploitation, I believe this is happening already. The court system constantly faces difficulties in trying to help such children. The professionals are tired writing to various Ministers and to one another seeking solutions. It is clear that a range of care services must be provided for disturbed and out of control children and adolescents. The most extreme form of care we need to secure, therapeutic units for a small number of children, which are open, halfway houses and a support to families.

This position arises also with mentally handicapped children who face particular behavioural problems at times, who are beyond parental control and face the lack of respite care and appropriate units. Many of those families are under extreme stress. I ask the Minister to ensure that the Ministers for Health, Education and Justice work together to solve this problem. The children and their families suffer and future generations will bear the cost.

There is a deeply felt level of frustration on the part of the many dedicated workers involved in trying to help those children at what appears to be a total lack of cohesion, planning and liaison between Departments and health boards in tackling this problem. Will the Minister put in place a system that, once and for all, will examine this issue, analyse the needs and plan the resources needed to provide care for those children? This is not necessarily a matter of providing buildings, but of taking a serious, coordinated and high level approach to the problem and it is the Minister's responsibility to ensure that approach is adopted.

The increasing frequency with which young offenders are appearing before our courts on serious charges and attracting custodial sentences is a matter of serious ongoing concern. Indeed, it was in response to this development and the resultant need to provide adequate and suitable places to accommodate such cases, that the Government embarked on a programme of expansion of young offender facilities in 1991.

As a result of this programme, a new custodial facility for young male offenders has been opened at Oberstown Boys' Centre in Lusk, County Dublin. In addition, the existing remand facility for girls at Oberstown has been expanded to incorporate a new long-stay facility for girls, the first such long-stay facility for girls to be provided in the State.

There are now five centres for juvenile offenders committed by the courts. Trinity House in Lusk, provides secure accommodation for up to 30 boys. The Finglas children's centre comprises St. Michael's Remand and Assessment Centre for up to 20 boys and St. Laurence's industrial school which can accommodate up to 55 boys on long-stay detention. St. Joseph's industrial school, Clonmel, can accommodate up to 75 boys on long term detention. In addition, the new facility to which I referred, at Oberstown boys' centre, can accommodate up to 30 boys.

In the case of young female offenders, Oberstown girls centre is able to accommodate up to seven girls placed on remand and a further eight girls in its newly commissioned long term unit.

In addition to these recent developments, work is taking place on the planning of a new and expanded facility for young female offenders. This development, which is expected to commence next year, will not only make additional places available for young female offenders but will have the added benefit of releasing accommodation currently occupied by girls for use by Oberstown boys' centre.

It will be appreciated that the nature and purpose of young offender centres is such that very careful planning is necessary at all stages to ensure that the best interests of the inhabitants are served while at the same time ensuring that the special nature of the facility is not undermined.

The developments which have already taken place and those currently in the pipeline will make a significant contribution to meeting the demand for places for young offenders. The question of whether, or to what extent, any further provisions may be necessary is a matter which is kept under ongoing review by an interdepartmental group comprised of representatives of the Departments of Education, Justice and Health. If a need for further provision is indicated, the necessary steps will be taken.

However, it is extremely important that recourse to custodial measures should not be seen as the panacea to present difficulties. In this regard, I would be in strong agreement with the views expressed by the Dáil's Select Committee on Crime which studied the question of juvenile crime in great detail. In its first report, that committee attached particular importance to the need for maximum possible reliance on non-custodial and early intervention measures and emphasised the overriding importance both for society and the individual of preventing a child from slipping into a lifetime of crime.

A further area of great importance is the need to ensure that inappropriate referrals to young offender centres do not take place simply because of a lack of more suitable alternative provision. Some recent cases, which have attracted media attention, suggest that current responses are not always fully satisfactory in this regard.

I am strongly of the view that the primary consideration in dealing with young people who came into conflict with the law must be to provide a response which addresses their real needs. The fact that a child commits an offence may only be a symptom of much deeper problems and may perhaps result from serious psychiatric, psychological or other difficulties.

Where such is the case, recourse to custody in a young offender centre is not necessarily the proper response and may in fact only exacerbate the child's difficulties.

The process of predicting future demand for young offender accommodation is extremely difficult and given the very high cost factors involved, requires very careful planning.

The considerations which I mentioned can have a significant bearing on the ultimate level of demand for accommodation in young offender centres. In this regard, I am confident that the forthcoming juvenile justice Bill will give positive expression to the importance of non-custodial measures in dealing with those children who are unfortunate enough to find themselves in conflict with the law in the future.

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